HOUSE COMMITTEE ON WATER

 

 

February 25, 2003   Hearing Room B

8:30 A.M.  Tapes 26 - 27

 

MEMBERS PRESENT:            Rep. Bob Jenson, Chair

Rep. Jackie Dingfelder, Vice-Chair

Rep. Jeff Kropf, Vice-Chair

Rep. Linda Flores

Rep. Jeff Kruse

Rep. Mike Schaufler

Rep. Carolyn Tomei

 

STAFF PRESENT:                  Pete Test, Committee Administrator

Mike Reiley, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2138 – Public Hearing

                                                HB 2366 – Public Hearing

                                                HB 2138 – Public Hearing

                                                HB 2366 – Public Hearing

                                                HB 2456 – Public Hearing

                                                HB 2268 – Public Hearing

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 26, A

003

Chair Jenson

Calls meeting to order at 8:37 a.m. Opens public hearing on HB 2138.

HB 2138 – PUBLIC HEARING

021

Bob Jacobson

Chair, Salmon Recovery Task Force. Explains work done by task force.

080

Ed Bowles

Fish Division Director, Oregon Department of Fish and Wildlife. Submits and summarizes prepared testimony in support of HB 2138 (EXHIBIT A).

180

Chair Jenson

Asks about hatchery and naturally produced fish.

188

Bowles

Explains hatchery and naturally produced fish.

220

Rep. Schaufler

Asks for clarification of abundance figures in prepared testimony.

224

Bowles

Explains figures. Continues presentation and explanation of Productivity/Persistence.

241

Chair Jenson

Asks about lower Columbia Coho and de-listing.

250

Bowles

Explains de-listing process.

261

Chair Jenson

Asks for clarification of research data and fish populations.

268

Bowles

Explains data.

272

Rep. Flores

Asks for clarification for self-sustaining populations.

274

Bowles

Offers clarification.

278

Rep. Schaufler

Asks about de-listing criteria.

282

Bowles

Explains de-listing criteria. Continues presentation.

342

Rep. Kruse

Asks about data to support assumptions about de-listing and recovery.

353

Bowles

Explains and clarifies data.

400

Rep. Kruse

Asks about nature of obstructions of fish passage.

405

Bowles

Answers that they are dams.

410

Rep. Schaufler

Asks about time spent on definition of recovery.

415

Jacobson

Explains work done on definition of recovery.

TAPE 27, A

008

Rep. Tomei

Asks how fish would get above dams.

010

Bowles

Explains how fish would get above dams.

015

Chair Jenson

Discusses work done on Oregon Plan and enters written testimony into record submitted by Stan Gregory (EXHIBIT B).

057

Rep. Tomei

Asks about federal regulations regarding de-listing and recovery.

061

Bowles

Explains relationship to federal agencies regarding goal of recovery.

069

Jacobson

Explains work done with federal agencies.

070

Rep. Tomei

Asks about federal definition regarding recovery.

072

Bowles

Explains definition of recovery.

078

Rep. Tomei

Asks if federal definition of recovery is necessary.

080

Bowles

Explains federally sought standards.

090

Chair Jenson

Closes public hearing on HB 2138. Opens public hearing on HB 2366.

HB 2366 – PUBLIC HEARING

098

Sen. Ken Messerle

Senate District 5. Testifies in support of HB 2366.

127

Rep. Kruse

Asks about nature of inventory.

133

Sen. Messerle

Responds that it is off-stream.

136

Rep. Kruse

Asks about funding.

140

Sen. Messerle

Responds that he is working to secure funding.

152

Chair Jenson

Closes public hearing on HB 2366.

170

Rep. Jenson

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. FLORES and REP. KROPF to BE RECORDED as voting AYE on the motion to move HB 2247 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

180

Chair Jenson

Opens public hearing on HB 2138.

HB 2138 – PUBLIC HEARING

186

Bill Moshofsky

Oregonians in Action, Save the Salmon Coalition. Testifies in opposition to HB 2138.

269

Rep. Flores

Asks about availability of report mentioned by Mr. Moshofsky.

271

Moshofsky

Answers that it will be available soon.

280

Chair Jenson

Comments on concerns about HB 2138.

325

Moshofsky

Expresses concerns about vagueness of definition of recovery.

366

Chair Jenson

Closes public hearing on HB 2138. Opens public hearing on HB 2366.

HB 2366 – PUBLIC HEARING

370

Pete Test

Committee Administrator. Summarizes HB 2366.

389

Rich Angstrom

President, Oregon Concrete and Aggregate Producers Association. Testifies in support of HB 2366.

TAPE 26, B

017

Rep. Tomei

Asks for clarification of benefits of HB 2366.

019

Angstrom

Explains benefits of HB 2366.

035

Rep. Schaufler

Asks if reclaimed quarries and mines are not allowed to be used for water storage for industry.

037

Angstrom

Answers yes.

040

Paul Cleary

Director, Water Resources Department (WRD). Submits and summarizes prepared testimony in support of HB 2366 (EXHIBIT C).

091

Rep. Tomei

Expresses hope that funding can be obtained for HB 2366.

098

Cleary

Explains funding possibilities.

104

Rep. Tomei

Asks about legislative process and funding of HB 2366.

110

Chair Jenson

Explains potentials for HB 2366.

120

Rep. Kruse

Expresses support for concept of HB 2366.

127

Rep. Dingfelder

Asks about nature of water inventory.

130

Cleary

Clarifies nature of water inventory.

140

Rep. Dingfelder

Expresses importance of data collection and assessment.

161

Aubrey Russell

Oregon Trout. Testifies in support of HB 2366.

185

Richard Kosesan

Water For Life. Testifies in opposition to HB 2366.

250

Chair Jenson

Notes that funding is not addressed in statute. Comments on potentials for HB 2366.

263

Rep. Kruse

Asks about statutes cited by Mr. Kosesan.

279

Cleary

Responds that consolidation of law in the future may be appropriate.

293

Rep. Schaufler

Clarifies nature of HB 2366.

300

Cleary

Responds.

304

Chair Jenson

Further clarifies. Closes public hearing on HB 2366. Opens public hearing on HB 2456.

HB 2456 – PUBLIC HEARING

307

Pete Test

Committee Administrator. Summarizes HB 2456.

315

Doug Myers

WaterWatch. Submits and summarizes prepared testimony in support of HB 2456 (EXHIBIT D).

379

Brendan McCarthy

Legislative Counsel. Explains legal considerations regarding HB 2456.

419

Chair Jenson

Asks for clarification of “shall” and “may” language changes.

TAPE 27, B

005

McCarthy

Clarifies changes in language.

017

Chair Jenson

Requests that amendment be made clarifying language in HB 2456.

041

McCarthy

Acknowledges request.

055

Paul Cleary

Director, Water Resources Department (WRD). Submits and summarizes prepared testimony in support of HB 2456 (EXHIBIT E).

128

Rep. Kruse

Clarifies nature of support and opposition to HB 2456.

140

Roger Martin

Confederated Tribes of Umatilla Indian Reservation. Submits and summarizes prepared testimony regarding HB 2456 (EXHIBIT F).

181

Rep. Kruse

Asks about groundwater recharge dynamics.

196

Cleary

Responds process for managing water distribution.

216

Rep. Kruse

Expresses concern that once water system is in place, even if not natural, it may be disrupted.

228

Cleary

Explains role of WRD in water management.

239

Rep. Kruse

Asks about issues raised by tribes’ concerns.

253

Cleary

Explains issues raised.

264

Rep. Schaufler

Asks about impact on fisheries.

269

Cleary

Explains impact on fisheries.

280

Chair Jenson

Discusses issues with Oregon water law.

297

Cleary

Clarifies statutes that will sunset.

306

Chair Jenson

Explains disjointed nature of statutes.

337

Cleary

Explains relationship of statutes to HB 2456.

368

Chair Jenson

Closes public hearing on HB 2456. Opens public hearing on HB 2268.

HB 2268 – PUBLIC HEARING

374

Chair Jenson

Enters written testimony from WaterWatch submitted by Kimberly Priestley (EXHIBIT G) and Ed Henricks (EXHIBIT H) into record. Closes public hearing on HB 2268. Adjourns meeting at 10:28 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2138, written testimony and presentation, Ed Bowles, 7 pp

B – HB 2138, written testimony, Stan Gregory, 1 p

C – HB 2366, written testimony, Paul Cleary, 3 pp

D – HB 2456, written testimony, Doug Myers, 1 p

E – HB 2456, written testimony, Paul Cleary, 4 pp

F – HB 2456, written information, Roger Martin, 2 pp

G – HB 2268, written testimony, Kimberly Priestley, 2 pp

H – HB 2268, written testimony, Ed Henricks, 1 p